Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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CESTAT upheld confiscation of 1194 gold bangles (54096 gms valued at Rs.16,10,43,792/-) under Section 113(k) of Customs Act for diversion of export consignment. The Tribunal reduced redemption fine to Rs.15,00,000/- under Section 125, maintaining penalties under Section 114(iii) against the exporters. Penalties under Section 114AA were set aside as documents were not false or fabricated. The Tribunal noted investigative lapses including missing CCTV footage and retracted statements that weren't properly examined per Section 138B(b). The seized gold jewelry was ordered to be released to one appellant upon payment of redemption fine and penalties. Proceedings against other noticees were deemed unsustainable.
CESTAT upheld confiscation of 1194 gold bangles (54096 gms valued at Rs.16,10,43,792/-) under Section 113(k) of Customs Act for diversion of export consignment. The Tribunal reduced redemption fine to Rs.15,00,000/- under Section 125, maintaining penalties under Section 114(iii) against the exporters. Penalties under Section 114AA were set aside as documents were not false or fabricated. The Tribunal noted investigative lapses including missing CCTV footage and retracted statements that weren't properly examined per Section 138B(b). The seized gold jewelry was ordered to be released to one appellant upon payment of redemption fine and penalties. Proceedings against other noticees were deemed unsustainable.
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